Are Magic Mushrooms Legal in California? Current Laws, Local Decriminalization & FAQs (2025)

Are magic mushrooms legal in California? Learn the current statewide law, which cities have decriminalized, how this differs from Oregon/Colorado, and key legal FAQs. Educational only.

Introduction

People often ask whether magic mushrooms (psilocybin-containing mushrooms) are legal in California. As of October 11, 2025, psilocybin remains illegal under California state law and federal law. However, several California cities have passed measures to deprioritize enforcement for certain personal-use activities, which is not the same as statewide legalization or commercial sales. This article is an educational overview of the current landscape and does not promote or facilitate illegal activity.

Legal Disclaimer

Psilocybin-containing mushrooms are illegal to possess, sell, or cultivate under state and federal law (except in limited research or medical pathways outside California). Local policies can change. This content is for educational purposes only and is not legal or medical advice. Always consult official sources or a qualified attorney for guidance.

Statewide Status in California (2025)

State law: California has not legalized or statewide-decriminalized psilocybin. In 2023, Governor Gavin Newsom vetoed Senate Bill 58, which would have decriminalized limited personal possession of certain natural psychedelics, including psilocybin, and urged lawmakers to return with a regulated therapeutic framework. As a result, psilocybin remains illegal at the state level. See the official veto letter (Oct 7, 2023).

Local Decriminalization (City-Level)

Several California cities have passed resolutions or directives that make enforcement of certain personal-use offenses related to natural psychedelics (including psilocybin) a lowest law-enforcement priority. This is often called “decriminalization,” but it does not legalize sales or create a regulated market, and state/federal laws still apply. Notable actions include Oakland (2019), Santa Cruz (2020), San Francisco (2022), and Berkeley (2023). Policy details vary by city: Oakland coverage, Santa Cruz report, San Francisco resolution (PDF), Berkeley revised resolution (PDF).

How California Compares to Oregon & Colorado

California currently has no statewide regulated program for psilocybin. By contrast, Oregon voters approved Measure 109 (2020), creating a licensed, supervised psilocybin services program—no retail take-home sales; services occur only in licensed centers. See the Oregon Health Authority overview. Colorado voters (2022) passed Proposition 122, decriminalizing certain personal-use activities and creating regulated “healing centers.” See the Colorado Prop 122 brief (PDF) and this program explainer.

Has California Tried Statewide Reform?

Yes. Multiple legislative and ballot efforts have been proposed over recent years. For example, a 2024 bill to create supervised psychedelic service centers stalled in committee (SB 1012), and SB 58 (2023) was vetoed. Policymakers continue to consider clinical or supervised therapeutic models, but nothing statewide has passed into law yet. See LA Times coverage of SB 1012.

What Decriminalization Does—and Doesn’t—Mean

• Deprioritized enforcement: City resolutions typically direct local police to make certain adult personal-use activities their lowest priority.
• Not legalization: These measures do not legalize psilocybin under state or federal law and do not permit commercial sales.
• Policy varies by city: Specific conduct covered (e.g., cultivation, sharing without compensation) can differ; always read the city’s actual text or consult an attorney.

Bottom line: Even in “decriminalized” cities, arrest or prosecution is still possible under other laws or by other agencies. See the texts linked above for the exact language.

Research & Medical Pathways (Outside California’s General Public)

Interest in therapeutic use is growing nationally, and some jurisdictions (e.g., Oregon) now allow licensed, supervised psilocybin services. Federally, research is ongoing and has informed policy debates, but this does not translate to legal personal possession in California. See Oregon’s program: OHA Psilocybin Services.

FAQs: Magic Mushrooms & California Law

Are magic mushrooms legal in California?

No. At the statewide level, psilocybin remains illegal. Some cities have deprioritized certain enforcement actions, but that is not statewide legalization.

Which California cities have decriminalized?

Oakland (2019), Santa Cruz (2020), San Francisco (2022), and Berkeley (2023) have passed decriminalization or deprioritization measures. Exact scope varies by city and does not legalize sales.

Can I buy or sell psilocybin in California?

No. There is no legal retail framework in California, and sales remain illegal under state and federal law. City-level measures do not authorize commercial activity.

Is there a supervised therapy program in California?

Not at this time. Proposals for supervised therapeutic access have been introduced, but no statewide program has been enacted as of October 11, 2025.

How is Oregon different?

Oregon implemented licensed, supervised psilocybin services (Measure 109). These are administered in licensed centers; there’s no consumer retail for take-home products. California has no comparable statewide program.

Could California change its laws soon?

It’s possible. Policymakers continue to explore therapeutic frameworks. Until new legislation passes and takes effect, psilocybin remains illegal statewide. Check current sources before relying on outdated information.

Key Takeaways

• Statewide illegality: California has not legalized or statewide-decriminalized psilocybin; SB 58 was vetoed in 2023.
• Local moves: A handful of cities have deprioritized enforcement for some adult personal-use activities—this is not legalization.
• No California retail program: Unlike Oregon’s licensed services, California has no statewide psilocybin program as of 2025.
• Educational only: Laws evolve. Always confirm current statutes or consult an attorney.